On his inauguration on May 29, 2007, President Umaru Yar’Adua stated that the philosophy of his administration would be anchored on the principle of the rule of law.
The statement came as a welcome relief to most Nigerians who thought this was a clear departure from the past.
Critics of the previous administration criticise it for its arbitrary use of power in taking far-reaching decisions.
For such critics, the principle of the rule of law is the benchmark for determining democratic tenets.
But as Yar’Adua has made the rule of law a mantra of his administration, some Nigerians appear sceptical of his ability to uphold the principle.Analysts also wonder how the principle can be exercised in an atmosphere where the judiciary is tied to the apron strings of the executive.
‘’I state here now and boldly too that there cannot be a complete independence of the judiciary without it being financially independent, both at the federal and state levels,’’ says the Chief Judge of Niger, Justice Jibrin Ndajiwo.
Ndajiwo’s view at a recent workshop organised by the National Judicial Institute for court registrars, protocol officers and administrative staff of the judiciary was greeted with a loud ovation by the participants.
Many Nigerians feel that the principle of the rule of law can only be achieved in an atmosphere of a financially independent judiciary.
For instance, critics of the judiciary say that the delay by the Court of Appeal to set up panels to decide outstanding election petitions before it manifests the lack of judicial independence.
For such critics, the principle of the rule of law demands speedy determination of cases, irrespective of who is involved.
This matter also came to the fore at the recent conference of the Nigerian Bar Association, which accused the Court of Appeal of inconsistency in some of its judgments as well as its failure to hear outstanding petitions.
But the Court of Appeal President, Justice Umar Abdullahi, dismisses the comments and criticisms over the election petition tribunals.
Abdullahi says those making such comments are ignorant of the system or are simply being mischievous.
‘’Judges are not just cheap commodities that you can pick anytime to suit the yearnings of politicians.
‘’We are human beings, we cannot work throughout the year; we need our rest,’’ he says.
Abdullahi wants critics to seek a better knowledge of the workings of the judicial system.
He also defends the judgments of the Court of Appeal on election petitions and other cases, saying that ‘’each judgment that has been written has been supported by reason and conclusion.
‘’Reasons have been cited for each judgment,’’he says in reaction to claims that the Court’s judgments are coloured and tainted.
‘’It is just politics; anybody in his right senses knows that at the Court of Appeal level we do not just write any judgment.
‘’We look at the materials placed before us and we use them to arrive at our decisions,’’ he says.
On financial autonomy of the judiciary, Ndajiwo is, however, worried ‘’A a situation where the Chief Judge, as the head of the court, will have to go to the executive begging for funds to carry out its functions is most unhealthy, humiliating and unconstitutional.
‘’The governance of this country, under the rule of the law, will continue to be a dream or a farce if the judiciary is not financially given its independence.
‘’It behoves me to draw the attention of all the governors of the various states of this country to the provisions of Section 121(3) of the 1999 Constitution,’’ he says.
According to Ndajiwo, the Constitution provides that ‘’any amount standing to the credit of the judiciary in the consolidated revenue fund of the state shall be paid directly to the heads of the courts concerned.’’
Ndajiwo says to the best of his knowledge, ‘’no governor of a state in the country, either serving or past, has ever complied with the provisions of the Constitution.
‘’Yet everybody, high or low, rich or poor, keeps talking about the independence of the judiciary,’’ he bemoans.
Justice Umaru Eri, the Administrator of the National Judicial Institute, shares a similar view as he appeals to Gov. Babangida Aliyu of Niger to prevail to his colleagues to implement the new conditions of service for judicial staff in the country.
‘’One vital aspect of the administration of justice which has not sufficiently crossed the minds of many is that court registrars, court clerks, court bailiffs and all the other supporting employees constitute the most important sector of the administration of justice.’’
Eri says that without these staff, the court cannot function appropriately.
‘’These staff spend almost the same hours of service like judges and, in fact, contribute equal energy toward the attainment of the desired justice,’’ he says.
Eri, however, says that as administrators of justice, judges must stand far away from all sorts of injustice.
‘’The error of the head is pardonable, but that of the heart is condemnable.
‘’A changing society cannot accommodate a situation where the law no longer performs its desired goal since it is the law that serves as a fulcrum for political, economic and social realities of a given polity.
‘’It must, therefore, move with other developments in the society because law itself occupies a strategic position among what makes life really worth living.
‘’The right of a man is as important to him as the food he eats and the air he breathes; unless he is properly situated to enjoy his liberty and extend it to others, he may not realise what life holds up for man in a society,’’ he says.
Gov. Aliyu agrees with the jurists that financial autonomy is vital to the independence of the judiciary.
‘’One fundamental issue which the state government is seriously looking into is that of greater fiscal autonomy for the state judiciary in accordance with constitutional provisions.
‘’Section 121 (3) of the Constitution has made clear provisions that will put an end to the undesirable scenario whereby the judiciary goes cap-in-hand to the executive to ask for funds for its most basic requirements.
‘’This must stop,’’ he stresses.Aliyu agrees that for the judiciary to be truly independent, the working and living conditions of judicial officers must be made conducive.
Last year, judicial staff embarked on a nationwide strike in protest against the non-implementation of their newly approved salary structure.
Ndajiwo sums it up, saying that ‘’it is now obvious that if the judiciary had been given its due share of financial independence, the national strike by the judiciary staff would have been avoided.
‘’I am, therefore, on my knees begging all the governors of the various states of this country to please obey the law, respect the Constitution which they have taken the oath to uphold dutifully, consciously and religiously.’’
Analysts say that what remains is whether the governors will obey the Constitution or continue to flout it.
They say that it is imperative for the executive to ensure true independence of the judiciary if the nation must uphold and cherish the principle of the rule of law.
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